K C DASS Vs. STATE

JUDGEMENT

(1.) These are three petition for habeas corpus. The point raised in all of them is the same. It is a point of principle. It relates to set off of the period of detention undergone by the accused under s. 428 of the Criminal Procedure Code, 1973.

(2.) The three accused in the three writ petitions were convicted of crimes in more cases than one. They were awarded separate sentences at different times. Each of the accused was arrested in one case to begin with and thereafter he was also placed under arrest at different times in other cases. This means that formally he was put under arrest in other cases, though he was already in detention.

(3.) Take a simple illustration. An accused is arrested in one case on 1-1-1977. He is arrested in another case on 1-1-1978, while the trial of the first case is proceeding. In the first case he is convicted and sentenced on 31-1-1978 to two years imprisonment. Under s. 428 the accused will be entitled to set off his period of detention from 1-1-1977 to 31-1-1978 against the term of imprisonment imposed on him in the first case. This legal position is incontestable.